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Consumer Complaint with District forum against Builder for cheating and non delivery of flat booked. Complaint under Section 12 of Consumer Protection Act 1986.

Format of Consumer Complaint against Builder with District Forum Under Section 12 of Consumer Protection Act for cheating and not delivery possession of property as per the Agreement.

A consumer complaint can be filed as per manner described under Section 12 of Consumer Protection Act 1986. The Complainant can claim refund, interest, damages, legal expenses and other charges if any as per the type of case.

Sample format of Consumer Complaint under Section 12 of Consumer Protection Act, 1986 against Builder is given below:

 

 

BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM, NEW DELHI

COMPLAINT NO. _____ OF ____

IN THE MATTER OF:
 

________ AND ANR                             COMPLAINANTS
 

VERSUS
 

______ DEVELOPERS LTD & OTHERS     OPPOSITE PARTIES

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT,1986 ON BEHALF OF SHRI _________ AND SMT. _____________

MOST RESPECTFULLY SHEWETH:

1. The Complainants are citizens of India and are residing in Delhi at______________, New Delhi_______.

2. That the Complainant No 1. is engaged in the business of ___________ in the name of ____________, Address: _______________, New Delhi-110 0__.

That the Complainant No 2. is the wife of Complainant No. 1.

That the Complainants for the purpose of jurisdiction is residing within the jurisdiction of this Hon'ble Forum, with their family at the above address, since last 20 years and such this Hon'ble Forum is competent to adjudicate the present Complaint.

3. The Opposite Party No.1 (herein after referred to as OP No.1) is a Limited company engaged in construction of houses, villas, building and other infrastructure facilities in different part of India. That the OP No.1 is in the field of the said business for the last many years and claimed to have sufficient employees and infrastructure.

4. That the OP No.1 is having a good presence in India, with its branches spreading over major cities and towns of India. The OP No.1 has head office at _______________, New Delhi-110 0__. That OP No.1 is controlled and managed by the Chairman / Co - Chairman / Managing Director/Directors from decision making, planning to execution of all tasks.

5. That Opposite Party No.2 (hereinafter referred to as OP No.2) i.e. the Director of O P No.1 i.e. is the person responsible for execution of all the functions related to the business of the company. That address of OP No.2 is ____________, New Delhi-110 0__.

6. That Opposite Party No.3 (hereinafter referred to as OP No.3) is another Director of OP No.1 and deals with all the activities related to the Business of the Company. That address of the OP No.3 is House No. _____________, New Delhi-110 0__.

7. That Opposite Party No.4 (hereinafter referred to as OP No.4) is also the Director of OP No.1 and deals with all the activities related to the Business of the Company. That address of the OP No.3 is House No. __________, New Delhi-110 0__.

8. That the Opposite Party had come up with public offer to sell Villas with independent bay view to be constructed at Goa with a construction target to be completed in 20__.

9. That the Complainants had booked a Villa from OP No. 1 at _____ with independent bay view and paid advance amount of Rs. ___________/- (Rupees ______________ only) on ____________ vide Customer Code No. _________). Copy of the Receipt issued by OP No. 1 against payments made by Complainants is marked as ANNEXURE -A.

10. That the complainants had waited till __________ for completion of the project and take possession of the Villa. After waiting for long period the complainants approached the Opposite party to know the status of construction of the project. The opposite party expressed their inability and informed that they had failed to take necessary permission from various authorities to start the construction of Villas.

11. That the complainants had shocked by hearing the news and understood that the OP 1 had accepted the booking amount without completing the necessary formalities to cheat the customers. So the complainants requested the Opposite party to make refund of the advance amount paid for booking Villa with independent bay view in Goa. The opposite party expressed their inability to refund the amount and offered to give another villa with same specification in Goa and pressurized the complainants to arrive in compromise.

12. That since the complainants left with no other option, they agreed to accept the offer. The opposite party had allotted _______ admeasuring ____ sft @ Rs. ___/- per sft at _________, Goa at their _______Goa Project and adjusted the application money as the cost of the Flat.

13. That the complainants had waited again till __.__.20__ for completion of construction of the newly allotted Villa. While inspecting the building the complainants noticed that the Villa being developed by M/s. _________ Developers Ltd is not to the taste or requirement of the complainants. The Opposite Party had offered to construct Villa with independent bay view and the villa constructed by them was entirely different from their offer.

14. That complaints come to know that the OP No 1 has again cheated them with false promises. So the complainants have approached the opposite party to refund the advance amount of Rs. _______/- (Rupees ________ only) along with interest for the default period i.e. from _______ to till date.

15. That the opposite party had agreed to make refund of the amount within six months and advised the Complainants to hand over all the original receipts, provisional allotment letter and documents to the Opposite party. The complainants had handed over all the original receipts, provisional allotment letter and documents to the opposite party and it was duly acknowledged by the opposite party vide acknowledgement dated _______ ANNEXURE -B.

16. That the complainants had waited for six months to receive refund of the application money of Rs. ______/- (Rupees _________ only) along with interest for the default period. But the opposite party had not refunded the amount as per their promise till _________.

17. That the complainant had again approached the opposite party to refund the amount. This time the opposite party issued a letter dated ________ assuring the complainants to refund the amount @ Rs. _________/- per month till full and final Payment ANNEXURE -C.

18. That since the opposite party failed to make refund of the amount, the complainant had served a legal notice dated _________ through their advocates M/S _______, Advocates, vide Speed post Receipt Nos. ____________ dated ______ ANNEXURE -D(COLLY).

That the opposite party have not refunded the amount till date.

19. That the facts of the case clearly show that the opposite party had dishonest intention to cheat and defraud the complainant. Due to this the complainants have gone through mental harassment for many years and caused monitory loss also to the complainants.

20. The issues involved in the Complaint can be summed up as under:

21. That in the facts and circumstances mentioned herein above the Complainant has no other efficious remedy but to knock on the doors of this Hon'ble Forum for justice.

22. That the Opposite Parties are not only guilty of deficiency in services by not fulfilling their promises in due course of their services towards their helpless Customers/ Consumers but also for mental torture and harassment to the Complainant by unnecessarily misguiding and delaying the refund of advance amount of Rs. _________/- (Rupees __________ only) along with interest.

Hence the Opposite Parties are liable refund amount of Rs. ________/- (Rupees _______ only) along with interest @ 24% p.a. from _______ to till date towards refund of the application money paid at the time of booking Villa; Rs._________/- towards deficiency in services, Rs.______/- for causing mental torture and harassment to the Complainant, Rs._______/- towards legal cost.

P R A Y E R

In the facts and circumstances of the case mentioned herein above, it is most humbly prayed that this Hon'ble Forum may be pleased to:

a) direct the Opposite Parties to Pay to the Complainant Rs. ________/- (Rupees __________ only) along with interest @ 24% p.a. _______ to till date towards refund of the application mony paid at the time of booking Villa;

b) direct the Opposite Parties to pay to the Complainant Rs._____/- for deficiency in services;

c) direct the Opposite Parties to pay to the Complainant Rs.______/- for mental agony/harassment;

d) direct the Opposite Parties to pay to the Complainant Rs._______/- towards the cost of legal expenses; and

e) pass any other order/orders which this Hon'ble Forum may deem fit in the facts and circumstances of the case.

COMPLAINANTS
_____________

_____________

THROUGH
___________
Advocates for the Complainants

New Delhi
Date :



OTHER DOCUMENTS TO FILE CONSUMER COMPLAINT WITH DISTRICT FORUM

The Following documents should be annexed with the Petition.

1. Memo of Parties

2. Affidavit by Complainant

3. Agreement to Sell

4. Memorandum of Understanding if any signed

5. Receipt of Payments made to the Builder

6. Copy of Communication between complainant and Builder

4. Vakalatnama

 

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